Free Traffic Legal Advice

Yes. Same place, same car, same app, same account, a month or two prior. And all of the signage around the carpark and at the entrance to the hospital explicitly promotes use of the app to autopay for parking.

It will good to know if this one can realistically be avoided?

The last day to pay at the lower fee is the day after tomorrow, so if the forum thinks I have no hope, then I'd rather pay the lower fee of course. If you think it's worth holding out, though, I will do so. That's my intention.

I haven't yet appealed. Should I appeal through ParkingEye first? I fully expect that to be rejected, but then I can escalate my appeal to BPA, presumably?

I did a quick search before posting, and I have just scanned again. The other Evology cases don't appear to be the same as mine.

A PCN has been received in the mail by the registered keeper, despite the driver having an active account with Evology and having used that same parking area successfully just a few weeks previously. No payment was taken, and the PCN was sent a couple of weeks after the parking event, and received one week after the listed Date Issued.

No other notifications were sent in the app or by email to the App account holder to inform that payment had failed to be collected or other such notification/warning/guidance.

I can follow up with relevant documents/images, etc. if needed. But first, I wanted to ask if it is best to submit an appeal through ParkingEye first, or just not bother? Given that I think these are just automatically rejected at this point anyway, and in submitting the appeal, one has to identify oneself as the driver...

Here is the hosted image of the letter.

https://postimg.cc/Ny8H7mTh

On the reverse are some payment instructions and the like.

https://postimg.cc/VdBPwNj5

Updating on this case.

Another identical reminder about the charge was received a week or so ago. There was no change in the amount, nor anything else of note, so this was ignored just as the notices that came before it.

Today, a letter was received (body attached) informing that the collection agent will be instructing the client to begin legal proceedings.

I know the advice above was to wait for a Letter of Claim, but should anything be done in response to this preliminary missive?

In the letter, the refer to the following points as the grounds for taking legal action:

• Have you paid?
• Have you contacted us? (i)
• Did you unsuccessfully appeal a parking charge using the POPLA or IAS appeals systems? (ii)
• Evidence of the original parking charge
• [...] attempts to contact you (i)
• Existing case law

i) Obviously they have attempted to make contact, and no response has been sent on the advice of this forum.

ii) There were no appeals made through any mechanism/system. As a reminder, this is because the person driving on the day of the parking event lost the windscreen notice. By the time a notice was sent in the mail to the keeper, the first window for appeal had been missed, and the enforcer's website asserted that the same window applied for the Keeper and had as such been missed. The website therefore allowed no way of submitting the appeal. Moreover, attempts to appeal via BPA are rejected if no appeal has first been made to the parking company.

Just want to check, since a few weeks have passed since the last update, that the advice at this stage is still to wait.

Thanks!

Thank you. Noted.

Just so that I understand, are the following correct assumptions about the Letter of Claim?

1. It will be sent by the debt collector's legal representation?
2. It will be notice of legal action, potentially leading to a CCJ?

Yes. The NTK explicitly states that “you as the keeper also had the right to appeal during the 28 days following the NtD” (my paraphrasing, I’ll copy the precise language later.)

And then initiating the appeal online with the case number reiterates this.